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HomeMy WebLinkAboutMINUTES-01/03/2006-RegularJanuary 3, 2006 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 3, 2006, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Attebeny, Krajicek, Roy. Citizen Participation Mayor Hutchinson stated the City's holiday display policy relating to the menorah on City property would be discussed under Other Business and that individuals could comment on that issue under Citizen Participation or Other Business. He stated the Council would not be making a decision on the holiday display policy and he would be asking the Council to begin a review process. Parker Preble, Human Relations Commission, asked that the Council include the Commission in the review process for the policy relating to religious displays on public property. JOAnn Ginal, Human Relations Commission member, stated her comments were personal and not those of the Commission. She stated when the Council did not adopt the immigration ordinance both sides said that they "respect and include diversity" within the City. She stated the majority of people "believed in God" and that the First Amendment to the Constitution guaranteed freedom of expression. She stated religion was increasingly "subject to discrimination" all over the United States. She questioned why anyone would object to a menorah when nobody questioned the "presence of the symbolic Christian tree." She stated all religious symbols should be treated with the same respect as the "Christian Christmas tree." She stated a policy relating to religious displays should be "inclusive" and `respectful of all religions." Karen Schwartz, Fort Collins resident, stated she was a proponent of the complete separation of church and state. She stated she wanted to voice her support for a public menorah. She questioned the City expenditure of $3,200 to put up Christmas trees, lights and wreaths around town at a time when budget cutbacks forced the elimination of the City's Human Rights Office and other public services. She noted there was no policy governing decorations in individual City offices and that there were many City -sponsored Christmas events and Christmas craft classes. She stated the City should review its overall policies to ensure that "all people feel accepted here." Ray Martinez, 4121 Stoneridge Court, stated he would like to speak about the menorah issue at this time and under Other Business. He stated the menorah represented "free expression" and that this was no different than the Ten Commandments being posted at the Supreme Court. He noted the 193 January 3, 2006 White House participated in a public ceremony for lighting a menorah and the City should be able to do the same thing. He stated a written policy should allow such a ceremony to occur and that the policy should not be delayed. He stated if it was delayed, all activities with religious connotations should be postponed (i.e. the Martin Luther King Day march, the St. Patrick's Day parade, the Cinco de Mayo celebration, etc.). He stated he believed in "allowing people to celebrate their heritage and their culture." Michael Foxman, President of the Jewish Student Alliance at CSU, representing about 500 students, asked that the Council endorse diversity and move away from discrimination by adopting a policy that would allow the display of a menorah on public property. Citizen Participation Follow -Up Mayor Hutchinson thanked those who spoke under Citizen Participation. He stated there would be another opportunity for people to speak on the menorah issue under Other Business. Agenda Review City Manager Atteberry stated item #13 First Reading of Ordinance No. 001, 2006, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Oak Street Plaza Park Capital Project to Be Used to Construct Improvements to the Oak Street Plaza Park was being withdrawn from the agenda and that the General Improvement District meeting would not be held. He noted that additional work needed to be done on both issues. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the November 15, 2005 Regular Meeting. Second Reading of Ordinance No. 170, 2005, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Timberline Center Parcel, From T, Transition to I, Industrial. This Ordinance, which was unanimously adopted on First Reading on December 20, 2005, rezones a 16.13 acre parcel from T, Transition to 1, Industrial. The parcel is located on the west side of Timberline Road approximately one-half mile north of East Drake Road. The Union Pacific Railroad right-of-way forms the western boundary. The request complies with the City's Structure Plan Map. The parcel is a part of the larger 435-acre Timberline Annexation which was annexed in 1997 as an enclave. Upon annexation, all parcels contained within the Timberline Annexation were placed into T, Transition zone district. The Transition zone requires that City Council change the zoning to another zone district within 60 days of the Planning and Zoning Board hearing of December 8, 2005. 194 January 3, 2006 Second Reading of Ordinance No 171 2005 Amending Section 2-474 of the City Code Pertaining to the Membership of the Fort Collins Housing Authority. The Board of Commissioners of the Fort Collins Housing Authority has requested that its membership be decreased from nine members to seven members because a seven -member body would be more manageable and would still allow for proper representation from related fields and backgrounds. Section 29-4-205, C.R.S., provides that the Housing Authority shall consist of no more than nine commissioners appointed by the Council. This Ordinance, which was unanimously adopted on December 20, 2005, amends Section 2-474(2) of the City Code to reflect the change recommended by the Commissioners. 9. Second Reading of Ordinance No. 172 2005 Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. This Ordinance, which amends the sewer plant investment fee, was unanimously adopted on December 20, 2005. Ordinance No. 134, 2005, was adopted by Council on November 15, 2005. Council approved Ordinance No. 134, 2005 with the intent to phase in one-third of the increases proposed in the 2005 plant investment fee study. The Ordinance includes fees calculated for high strength commercial customers based on one-third of full implementation; however, corresponding flows were not adjusted to reflect the same. This Ordinance will reduce the flows used to calculate the fees for high strength commercial customers in order to comply with Council's original intent and direction. This housekeeping change will only affect commercial customers with high strength discharges. Residential and commercial customers with normal strength discharges are not impacted. 10. Second Reading of Ordinance No. 174 2005, Amending Section 2-596 ofthe City Code and Setting the Salary of the City Manager. City Council met in Executive Session on December 13, 2005 to conduct the performance appraisal of City Manager Darin Atteberry. This Ordinance, which was unanimously adopted on December 20, 2005, establishes the salary of the City Manager at 5159,730. 11. Second Readingof Ordinance No. 175, 2005, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. City Council met in Executive Session on December 13, 2005 to conduct the performance appraisal of Municipal Judge Kathleen M. Lane. This Ordinance, which was unanimously adopted on December 20, 2005, establishes the 2006 salary of the Municipal Judge at $99,256. 195 January 3, 2006 12. Second Reading ofOrdinanceNo 176 2005 Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. City Council met in Executive Session on December 13, 2005 to conduct the performance appraisal of City Attorney Steve Roy. This Ordinance, which was unanimously adopted on December 20, 2005, establishes the 2006 salary of the City Attorney at $137,000. 13. First Reading of Ordinance No. 001 2006, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Oak Street Plaza Park Capital Project to Be Used to Construct Improvements to the Oak Street Plaza Park. The Oak Street Plaza Park is an important public space in the downtown area. The Park provides the public a prime venue for small concerts, seating for noontime lunches and a gathering place for people enjoying downtown Fort Collins. The Park was last improved in the early 1980's and is showing its age. The existing concrete plaza, flower beds and fountain require increasing levels of maintenance. The fountain is the type that consumes considerable water when it is operational. A design effort with the Downtown Development Authority, area businesses and interested parties has resulted in a new design for the Park. This design makes the Park functional and inviting by removing the planters to open up the Park for better movement of people, replacing the concrete surface, replacing the fountain with an interactive water spray feature that uses minimal water, improving landscaping and lighting and providing for improved handicap access. Improvements will also include handicap access to the Museum of Contemporary Art building. The Park improvements are scheduled to begin in January, 2006 and be completed in June, 2006. 14. Items Relating to the McClelland's Creek PD & PLD Annexation and Zoning. A. Resolution 2006-001 Setting Forth Findings of Fact and Determinations Regarding the McClelland's Creek PD & PLD Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 002, 2006, Annexing Property Known as the McClelland's Creek PD & PLD Annexation. C. Hearing and First Reading of Ordinance No. 003, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD & PLD Annexation. This is a request to annex and zone 11.93 acres located on the east side of Lake Ranch Road, approximately 1/8th mile south of Kechter Road between Ziegler Road to the west and Strauss Cabin Road to the east. McClelland's Creek runs along the east side of the property. The property is undeveloped and is in the FA-1 Farming District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed -Use Neighborhood. 196 January 3, 2006 Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. 15. First Reading of Ordinance No 004 2006 Authorizing the Lease of City Owned Property Consisting of Office Space at 281 North College to ICLEI — Local Governments for Sustainability. USA, Inc., for up to Five Years. This Ordinance would authorize the City of Fort Collins to develop and enter into a lease agreement allowing ICLEI — Local Governments for Sustainability, USA, Inc. (ICLEI) to use 317 square feet of City office space at 281 North College and limited office equipment for their Western Regional Resource Center office. The lease term will be two years, with capacity to be renewed. The City will be able to terminate the lease with 45 days advance notice. ICLEI will not be charged a fee for use of this space and equipment. Through the provision of limited existing resources, Fort Collins gains a critical opportunity to further strengthen its position as a national leader in environmental and sustainability programs, thus strengthening economic development potential. No funds will change hands. In addition to the opportunity for increased national recognition and increased collaboration with and technical assistance from ICLEI, the City will receive free membership in ICLEI and a free copy of their new software HEAT (Harmonized Emissions Analysis Tool), and numerous other networking benefits. 16. First Reading of Ordinance No. 005 2006 Authorizingthe e Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project - Irrigation Pipeline. The design portion of the entire Dry Creek Drainage Improvements Project began in 2003. The construction of the overall project began in April 2005 with completion scheduled in 2006. The total project involves a combination of sub -projects in the upper, middle and lower basins to reduce the likelihood of flooding. This Ordinance does not automatically result in the filing of a petition in eminent domain; it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. 17. Resolution 2006-002 Authorizing an Intergovernmental Aueement with Larimer County Regarding Block 31. Block 31 is the block on which the Larimer County Justice Center and jointly City/County owned Civic Center Park are located. This Resolution approves a new maintenance agreement regarding Block 31, superseding previous IGAs between the County and City. Previously, a joint account funded Block 31 maintenance activities, which account was filled by rental collections on the block. This account was dissolved when the Justice Center and 197 January 3, 2006 Civic Center Park were developed due to the increased cost of maintaining the site and the changing circumstances. The proposed new IGA defines the operation and maintenance responsibilities of Block 31 between the City and the County. The City will be responsible for the day-to-day management and operation of Civic Center Park including turf and irrigation. The County will be responsible for litter, shrub and flower beds. A process to review event requests will be shared by both entities. Responsibility for major infrastructure repair or replacement of improvements, such as the fountains, will shared by both parties. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 170, 2005, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Timberline Center Parcel, From T, Transition to I, Industrial. Second Reading of Ordinance No. 171, 2005, Amending Section 2-474 of the City Code Pertaining to the Membership of the Fort Collins Housing Authority. 9. Second Reading of Ordinance No. 172, 2005, Amending Chapter 26 of the City Code to Revise Sewer Plant Investment Fees. 10. Second Reading of Ordinance No. 174, 2005, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. 11, Second Reading of Ordinance No. 175, 2005, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge 12. Second Reading of Ordinance No. 176, 2005, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. Ordinances on First Reading were read by title by City Clerk Krajicek. 14. Items Relating to the McClelland's Creek PD & PLD Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 002, 2006, Annexing Property Known as the McClelland's Creek PD & PLD Annexation. C. Hearing and First Reading of Ordinance No. 003, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD & PLD Annexation. 15. First Reading of Ordinance No. 004, 2006, Authorizing the Lease of City Owned Property Consisting of Office Space at 281 North College to ICLEI — Local Governments for Sustainability, USA, Inc., for up to Five Years. 198 January 3, 2006 16. First Reading of Ordinance No. 005, 2006, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project - Irrigation Pipeline. 21. Emergency Ordinance No. 006, 2006, Temporarily Suspending the Operation and Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker Building' as an Emergency Daytime Severe Winter Weather Shelter for the Homeless. Councilmember Marvel made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Atteberry reported that on January 26 the Comcast Cable Company would begin providing a low cost, basic tier package in Fort Collins. Emergency Ordinance No. 006, 2006, Temporarily Suspending the Operation and Enforcement of the Land Use Code and Zoning Map Regarding the Usage of the "Ricker Building' as an Emergency Daytime Severe Winter Weather Shelter for the Homeless, Adopted on First Reading The following is staffs memorandum on this item. "EXECUTIVE SUMMARY The City was recently approached by several agencies with a request to provide a City facility for use as a severe winter weather daytime shelter for the homeless. The "Ricker Building" located at 220 North Howes Street will be made available for this purpose through April, 2006. United Way ofLarimer County will operate as the fiscal agent, and Catholic Charities Northern will run the program. A minimum of three paid individuals, including a program director, will be on site, as will volunteers. Individuals entering the. facility will be screened by the staff, and individuals smelling of alcohol, visibly impaired, or disruptive will be denied entry. A separate, supervised space will be provided for women and children. The facility will only be open between the hours of 8:00 am and 4:00 pm on weekdays when the temperature is forecast to reach a high temperature/wind chill temperature/wet bulb temperature ofno more than 30 degrees Fahrenheit. The decision to open will be made by 3: 00 pm the day prior to opening, based on forecast information. The City Charter requires the of rmative vote ofat least five Councilmembers for the passage ofan emergency ordinance. " 199 January 3, 2006 City Manager Atteberry introduced the agenda item and stated organizations concerned about the homeless population in Fort Collins had approached him and the Mayor about their concerns about a severe weather shelter. He stated those organizations had asked whether the City had a facility that could be made available for weekday daytime shelter. He stated this was presented as an Emergency Ordinance because this winter was expected to have severe weather. He stated a City facility was available at the Ricker Brothers building and staff was recommending that this building be used to accommodate the request for a weekday daytime homeless shelter. He stated a request had also been made for the City to help with any financial needs. He stated, contingent on Council approval, he had made a commitment for up to $10,000 in one-time monies to help cover some of the operational costs. He stated the organizations requesting the assistance had stressed that this was a one-time request. He noted that two other facilities that had been provided in the past, were not available this year. He stated this was a life safety issue and that the shelter would help save lives on severe weather days. He stated the money was available in the Community Opportunities Fund. He stated the shelter would be open only when the temperature reached a certain low level. He stated the City would provide but not operate the facility. He stated he was strongly recommending that the Council approve the Ordinance. Wendy Williams, Assistant City Manager, stated a map was available to show the proposed location. She stated the facility would only be open on weekdays from 8:00 a.m. to 4:00 p.m. when the weather reached a certain temperature. She stated at 3:00 p.m. each day the decision would be made regarding whether or not the facility would be open the next day. She stated this was an opportunity to partner with some of the other agencies that provided services for the homeless. She stated Catholic Charities would operate the facility and that the fiscal agent would be United Way. She stated paid staff and volunteers would be on -site to operate the site. She stated Helen Somersall, the Regional Director of Catholic Charities, and Gordon Thibedeau of United Way were available to answer questions. City Manager Attebery stated this would be a one-time seasonal solution. He stated long term solutions needed to be explored and that the City would be part of that discussion. Mayor Hutchinson stated each audience participant would have three minutes to speak. Don Flick, 520 North Sherwood Street, stated he lived in close proximity to the proposed location and that he supported the proposal. Audrey Faulkner, chair of the Homeless Prevention Initiative board, spoke in support of the Emergency Ordinance. Steve Newman, 2211 West Mulberry Street, opposed the location due to the proximity of St. Joseph's Elementary School. Ernie Miranda, 323 North Howes Street, supported the Ordinance and asked that consideration be given to opening the shelter when the temperature was at 40' rather than 300. Ed Bigler, pastor, stated a severe weather daytime shelter was needed because both overnight shelters 200 January 3, 2006 closed at 7:00 a.m. and did not reopen until 7:00 p.m. John Kefalas, 604 Sycamore Street, spoke in support of the proposal to locate the shelter at this location. He also supported development of a 10-year plan to address the homeless issues. Robert Lampert, homeless individual, spoke regarding the need for a daytime shelter to fulfill the needs of the homeless population. Mary Robertson, First Call Fort Collins, supported the Ordinance to assist homeless residents. Kim Lemko, Catholic Charities Mission case manager, spoke in support of the Emergency Ordinance. Frank Gibson, 826 Ashford Lane, spoke in support of the Ordinance and asked if the Council was committed to working on a permanent solution to the problem. Leanna Rowe, homeless individual, stated she and her son currently resided at the Catholic Charities Mission and supported the proposed daytime shelter. Gordon Thibedeau, United Way ofLarimer County, stated between January and April of2005 there were 18 days in which the high temperature reached 39' or lower. He stated it was expected that over the next four months the shelter would be open less than 20-25 days. He stated a high of 390 seemed to be appropriate as the temperature to trigger opening the shelter. He asked the Council to authorize the opening of the shelter at 390 or lower. Pat Brady, chairman of the St. Joseph's School Advisory Council, stated the School understood the need for a homeless shelter. He stated parents of school students also had legitimate concerns about the location in close proximity to the school. He stated when people were not allowed at the shelter due to intoxication, drug use or behavior issues, they typically did not leave the area immediately. He asked that Council consider amendments to the Ordinance to specify that this would be a temporary location for a day shelter and would not be an appropriate site for the future. He also asked that notice be provided to St. Joseph's School when the decision was made to open the shelter. This would allow the School to work in partnership with the Police on increased patrol around the school grounds. John Alvarez, Catholic Charities Mission supervisor, spoke in support of the proposed Ordinance. He stated the proximity of the Police Station would help with issues relating to people who were not allowed to stay at the day shelter. A.J. Glaser, St. Joseph's parent, opposed the proposed location. He stated this Ordinance would suspend the operation and enforcement of the Land Use Code. He stated day shelters required Planning and Zoning Board review with public input under the Code. He stated little notice was given to those in opposition to the proposal. He stated when a day shelter was proposed in this area a number of years ago, the proposal went through the due process and there was considerable opposition. He stated there had not been an adequate review process in this case. He noted that 201 January 3, 2006 there were 350 students at St. Joseph's School, which would be less than half a block away from the proposed day shelter location. Sister Mary Alice Murphy, St. Joseph's School staff member, recommended that the City do something quickly because of the weather risks to people. She stated it may be necessary to do "something perhaps a little out of the ordinary"to address the problem quickly. She asked that a task force be formed to look at the security issues. Julie Kenney, St. Joseph's parent, stated something needed to be done to address the homeless issue. She questioned why the Catholic Mission could not provide shelter during the day. She suggested this could be an issue for a task force to examine as a long range solution. Councilmember Weitkunat asked if the hours of operation of the day shelter would coincide with the hours of closure of the other shelter and the hours of school operation. Helen Somersall, Regional Director of Catholic Charities, stated the Mission closed at 7:00 a.m. She noted that many shelter residents worked and that many resident children went to school. She stated not all homeless people stayed in the overnight shelter. She stated people could not stay at the Mission permanently. She stated a day center would allow some contact with people who would not come into the overnight shelter for various reasons. She stated day shelter could not be provided at the Mission because people who went to work during the day should not have to worry about their belongings, the shelter space was needed for programs during the day, and that it was "psychologically damning" for people to be in one building for long periods of time. She stated the Mission was open on Saturday and Sunday from 8:00 a.m. to 2:00 p.m. or longer if it was cold. She stated homelessness was a community problem rather than a Catholic Charities problem. Councilmember Weitkunat asked how the 4:00 p.m. closing time for the daytime shelter would relate to school hours. City Manager Atteberry stated someone in the audience indicated that the school's hours were 8:15 a.m. to 3:00 p.m. Councilmember Weitkunat stated an issue would be the measures used to deal with disruptive or problematic individuals. She asked what kind of process in place to deal with those kinds of issues given the proximity of the Police Department and the School. Ms. Somersall stated at the overnight shelter everyone was "breathalized" and that anyone found to have been using alcohol or drugs was asked to leave. She stated emergency help would be called for anyone impaired to the point they would be in physical danger upon leaving. She stated most people came in sober. Councilmember Weitkunat asked if Catholic Charities was making a recommendation on the temperature. Ms. Somersall stated a study of homeless deaths showed that half of deaths attributed to freezing occurred between temperatures of 32' and 40°. She stated the accepted figure among experts around the country was 39' and colder, especially when it was windy. 202 January 3, 2006 Councilmember Weitkunat noted that this was an Emergency Ordinance concerning the use of the building. She asked if the City could place conditions on the use of the building. She stated there was a valid point made about notifying the School and that it was unclear whether this would be a City responsibility. City Manager Atteberry stated the City would not operate the facility. He stated he would also like his office to receive notification when the shelter opened and that there seemed to be a consensus from the audience that proper notifications could be given. He stated he stated the shelter would have been open almost every day last year if the temperature was set at 40°. He stated if 39' was used the facility would have been open 20-25 days last year. He stated he would support moving the temperature back to 40' based on information that had been received. He stated this was being brought to Council because the Land Use Code did not allow this as a permitted use. City Attorney Roy stated several changes to the Ordinance would be in order. He recommended inserting in Section 1 the words "Mondays through Fridays from 8:00 a.m. to 4:00 p.m." He suggested that wording be included in the fourth WHEREAS clause to indicate the words "as a temporary daytime shelter." Williams stated this was a permitted use and that the process would be different than that provided for in the Land Use Code. Councilmember Roy asked about the Emergency Ordinance process. City Attorney Roy stated the Emergency Ordinance needed to contain a statement of the emergency and required the affirmative vote of five Councilmembers for adoption. He stated an Emergency Ordinance would take effect immediately upon adoption and did not require two readings. Councilmember Manvel asked for clarification regarding temperature (wind chill, wet bulb reading). Williams stated the temperature determination would involve wind chill and precipitation. Councilmember Manvel asked where a wet bulb prediction was available Gordon Thibedeau, United Way, stated wet bulb and wind chill information was available and was used as the "tipping point' for the opening of shelters in Denver. He stated the information was reasonably available. He noted that the information was not as accurate as the actual temperature. Councilmember Kastein asked why this was an emergency now, what had been done in the past, what was different about this year compared to last year, and why other organizations were not "filling the gap" and whether that was a recent development. City Manager Atteberry stated previously there were two facilities that provided this service and that they were no longer doing that in 2006. He stated there was an early storm with very low temperatures and that a "more severe winter" was expected this year. He stated four City -owned sites were evaluated for this purpose and that this site was determined to be the most appropriate. Councilmember Kastein asked why the organizations that had approached the City would not be providing this service. City Manager Atteberry stated he and the Mayor were approached during Christmas week. He stated bad weather could arrive at any time and that was the reason an Emergency Ordinance was being proposed. He stated in his opinion there was not enough time to go through a Planning and Zoning Board process. Councilmember Kastein stated he appreciated that the organizations had provided the service in the 203 January 3, 2006 past. He asked when they knew that they could no longer provide the service. He stated he was concerned with the reasons for passing an Emergency Ordinance. Paul Ford, chairman of the trustees of the Fort Collins Mennonite Fellowship, stated the Mennonite Fellowship had provided space for a severe weather hospitality center in conjunction with United Way at three different locations. He stated when service was provided at 400 Whedbee Street, there were about a half dozen people using the facility each day. He stated a location at 300 East Oak Street was more accessible and that there were about 60 people using the facility each day and the facility was not big enough for that much use. He stated before agreeing to provide the service, the Mennonite Fellowship had the understanding that there would be a permanent severe weather hospitality center. He stated the Mennonite Fellowship agreed to provide temporary service for a fixed amount of time. He stated the Salvation Army housed the hospitality center last year on South Mason Street. He stated his organization was supportive of permanent solution, that the Mennonite Fellowship did not have the space to meet the needs, and that the Mennonite Fellowship also did not have the resources necessary to provide more than a warm place. Mr. Thibedeau stated there had been some indication that the Salvation Army would be able to provide the services this winter and that it was determined that this would not be possible in November. He stated immediate efforts were made to find a suitable location with other faith communities. He stated a suitable facility could not be found and a meeting was ultimately arranged with the Mayor and City Manager. Councilmember Manvel noted having the facility open until 4:00 p.m. would mean it was open until after school. He asked why there must be a gap in time until the nighttime shelter opened at 7:00 p.m. Ms. Somersall stated the Open Door Mission opened at 5:00 p.m. for shelter and supper. She stated the hours of the Catholic Charities shelter depended on staffing and available resources. Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Emergency Ordinance No. 006, 2006 as amended to set the temperature for opening the shelter at 39' or lower, to require notification to the City when the shelter was opened and to set the hours of operation at 8:00 a.m. to 4:00 p.m. Monday through Friday. Councilmember Ohlson stated he wanted to see a group organized to work on safety issues for the neighborhood. He stated he was not interested in adding the word "temporary" because this could be the primary site after all options were reviewed. City Attorney Roy stated language regarding notification and studying a more permanent location were not in the Ordinance and that such language would need to be written at this time because there would be no Second Reading of the Ordinance. He stated Section l of the Ordinance provided that the shelter could be operated only until April 30, 2006 and that not adding the word "temporary" to the WHEREAS clause would therefore not achieve the effect that Councilmember Ohlson intended. 204 January 3, 2006 Councilmember Ohlson stated the language in Section 1 did achieve his intent. He stated he did not want to include the word "temporary" in the WHEREAS clause since the Council had not discussed a permanent site. City Attorney Roy asked if the intent was to provide for notification of the school by the shelter in the Ordinance. City Manager Atteberry stated his preference was that the shelter contact the school and City Manager's Office directly. City Attorney Roy stated his understanding was that the motion would not include the word "temporary" in the WHEREAS clause, that there would be language relating to "Mondays through Fridays from 8:00 a.m. to 4:00 p.m." and that the temperature would be changed from 300 to 390. Mayor Hutchinson asked for clarification about this being a "temporary" solution. City Attorney Roy stated the shelter would cease operation after April 30 even if the word "temporary" was not included in the WHEREAS clause. Councilmember Ohlson stated he wanted people to understand that this was a temporary shelter until the end of April and that there could be a long term study that might identify this location as the best site for a shelter. City Manager Atteberry stated the Ricker Brothers building was being used for City storage and the site was purchased for the greater civic center master plan. Councilmember Weitkunat asked for clarification about the amendments: inclusion of the words "Mondays through Fridays 8:00 a.m. to 4:00 p.m." and changing the temperature from 30' to 39°. City Attorney Roy stated those were the only amendments. Councilmember Roy thanked the Mennonite community for providing this service in the past and Catholic Charities for taking on the responsibility. Councilmember Manvel thanked those who were helping with homeless problems. Councilmember Ohlson stated he would support the motion. He stated Emergency Ordinances should not be taken lightly. Councilmember Kastein stated he would support the Ordinance. He stated he had reservations about the City taking on responsibility for providing charitable services when those services should be provided elsewhere. He expressed appreciation that the Mennonite Fellowship and the Salvation Army have provided those services in the past. He stated the cost to the City was not great and that the City could serve as a "safety net" in this situation when others could not do so. He stated he would prefer not to see the City in the lead role to determine what happens next year, although the City needed to be part of that effort. Mayor Hutchinson stated there needed to be a longer term solution. He stated he would support the motion. 205 January 3, 2006 The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Holiday Display Policy Mayor Hutchinson asked that Council begin the process to revisit the holiday display policy and explained how this issue had come forward. He stated he would like the Council to consider ways to make holiday displays more "inclusive' in the future i.e., to consider including a standing menorah display. He asked that Council reach a decision at a future time after receiving public input and noted that this should be a "community decision." He proposed the following steps: (1) Council agreement to revisit the holiday display process and to work toward a written policy; (2) research what other communities were doing; (3) gather public input; (4) development of options; (5) a public study session for Council to look at the options (the earliest open date was May 23); and (6) formal consideration by Council of a Resolution adopting the written policy. He stated he was asking for Council consensus on the first step in the process he had outlined. Councilmember Roy made a motion, seconded by Councilmember Weitkunat, that the City Council embark on a public process that would address an inclusive holiday display policy through various means of public input, including a public study session and formal consideration by City Council, and to develop options for the City that would be most appropriate for the community. Councilmember Ohlson stated the motion as stated implied that the Council had already reached the conclusion that the City should have such a policy. Councilmember Roy stated was not his intent. Councilmember Ohlson stated one alternative could be to have no policy i.e., no expressions of religious belief allowed on public property. Mayor Hutchinson stated he was asking that Council agree to revisit the holiday display policy, with no conclusions yet reached. Councilmember Ohlson stated he would like to look at all aspects of the issue and not begin with an assumption that there needed to be an "all inclusive' policy. Mayor Hutchinson suggested that the motion not describe the process to be followed. THE MOTION WAS WITHDRAWN. Mayor Hutchinson stated the motion that would be considered was for Council to revisit the holiday display policy and reduce it to writing. 206 January 3, 2006 The consensus of the Council was to consider the motion as restated by the Mayor. Councilmember Kastein supported revisiting the holiday display policy. Mayor Hutchinson stated each audience participant would have three minutes to speak. Sam Shilanski, Fort Collins resident, stated there needed to be a holiday display policy. He stated the U.S. Supreme Court had decided that, when displayed as part of a multi -cultural display, a menorah was a secular rather than religious symbol. He asked that the City make that same determination. He noted that the Supreme Court had made the same determination about the Christmas tree, although it was not secular in the eyes of many people. Dr. Peter Springberg, 1821 Rolling Gate Road, spoke in favor of a "visible menorah." He stated he was concerned about the separation of church and state and noted that most public celebrations were not Jewish. He noted that questions were being raised in other areas about menorah lighting displays. He thanked Coopersmiths for allowing a menorah to be displayed on its property and thanked the Mayor for participating in the lighting ceremony. He urged caution about using any public property to display any "religious symbol." He stated he personally did not view the Christmas tree as a "religious" symbol. Lynette Springberg, 1821 Rolling Gate Road, stated she would like to have a menorah display during the Hanukkah season but that it should not be on public land. She stated prayers were said in connection with lighting a menorah and this made it a "religious ceremony." Wilma Coy, 6533 East Mulberry Street, spoke in favor of a public menorah and equated it with a Christmas tree. Howard Cohen, 4367 Westbrooke Court, stated the Supreme Court found the menorah to be a "secular" item in the context of a holiday display. He stated allowing a menorah would make it obvious that this is a "diverse community." Frank Gibson, 826 Ashford Lane, stated the Constitution intended "fundamental fairness." He stated the Mayor's recent statement in the Coloradoan gave "great hope" that all faiths would be embraced in this community. He thanked the Mayor for working out an arrangement with Coopersmiths to display a menorah and stated he hoped that this arrangement could be replicated with other private property owners. Trudy Hermann, Fort Collins resident, stated she favored the separation of church and state and that she also favored "inclusivity." She asked that the Council not consider this to be a "menorah issue" and instead consider this to be an "inclusivity issue" year round for all religions. Cheryl Beckett, President of the Interfaith Council and founding member of the Not In Our Town Alliance, stated she was speaking on her own behalf. She stated the Alliance had been working on the issue of holiday displays and helping to promote the embracement of the peoples living in Fort Collins. She stated the Alliance would welcome a chance to serve as a resource during the 207 January 3, 2006 discussions on this issue. LarryCohen, 1128 Andrews Peak Drive, president of the Northern Colorado Chabbad Center, stated "Christmas" began around Thanksgiving and extended to the beginning of January. He stated Chabbad would like to see eight days of a public display of the menorah. He noted that there was about six weeks of Christmas displays. He urged the Council to move ahead quickly on the issue. He stated there was public support for a menorah display on public property. Michael Foxman, President of the Jewish Student Alliance at CSU, stated embracing multi -cultural religions and practices contributed toward creation of a "stable and progressive community." He asked the Council to create a policy before other multi -cultural events took place later in the year. Ray Martinez, 4121 Stoneridge Court, noted that the Council previously approved allowing a homeless shelter operated by a religious group on City property. He noted that there were inconsistencies in City policies in allowing Native American religious dancing, St. Patrick's Day parades, Cinco de Mayo, etc. and in not allowing a menorah. He stated the City's policy needed to be "inclusive" and fundamentally fair. He stated a written policy needed to be developed prior to upcoming events. He stated the City already had a "practicing policy" in place and a decision had been made not to include the menorah. He stated the "practicing policy" simply needed to be amended to include the menorah. Karen Schwartz, Fort Collins resident, stated there had been more than a week of dialogue on this issue through the newspaper and the majority had indicated support for inclusion of a menorah if the City chose to maintain some sort of religious display. She stated the "climate in Fort Collins was one of religious fervor" and this issue would eventually comebefore the Council if the Council chose not to include the menorah at this time. Rabbi Yerachmiel Gorelik, Chabbad Jewish Center of Northern Colorado, stated people were not familiar with Jewish traditions although the menorah seemed to "have a place in American society." He stated everyone at meetings he had with the City agreed with that concept. He stated he felt progress was made toward "tolerance and diversity." He stated, based on Councilmember Ohlson's comments, some of that "basic education had not been imparted to the Councilmembers." He stated this was a technical legal issue. He stated he was "pushing the menorah" because it had a "universal message" of the free celebration of values. He stated he wanted people to recognize that it was "Christmas as well as Hanukkah" in Fort Collins. Councilmember Manvel requested clarification of the discussions. He stated he did not believe that this decision had anything to do with St. Patrick's Day or Martin Luther King Day. He stated the "debate" seemed to focus on leaving an unattended menorah on City property after the lighting ceremony, which would be against the general City policy prohibiting unattended displays of any type on City property. He stated it was his understanding that this would be the policy that would be revisited and this did not seem to have any bearing on St. Patrick's Day or Martin Luther King Day events. He stated former Mayor Martinez implied that the City would be paying the Catholic Mission to take care of the homeless shelter and asked for clarification about whether the City would be paying the workers at the shelter. OD January 3, 2006 Mayor Hutchinson stated the motion being considered was to agree to revisit the holiday display policy to consider making it more inclusive in the future (to specifically include a standing menorah) and to reduce the policy to writing. He stated this was the beginning of the input process. He stated he was asking the Council to support his "good faith" commitment made to Rabbi Gorelik "for the good of the City." He stated the only issue was to revisit the display policy. Councilmember Manvel stated his point was in response to statements made regarding the urgency of making a decision before another holiday. He stated he did not think that the urgency existed because the policy did not apply to every holiday. Mayor Hutchinson stated the urgency was not part of the current motion. Councilmember Ohlson stated he wanted to clarify that his comments were about the original motion, which drew a conclusion about the results of the process. He stated the Council had not formulated a conclusion and would work on the issue to reach a conclusion. He stated the conclusion could center on allowing "everything or nothing." He noted that the Jewish community was split on the issue and read from a letter received from a former president of Congregation Har Shalom: "However, I believe it is wrong to include a religious item such as a menorah on public property. Please do not assume that most Jews in Fort Collins welcome the presence of a menorah on City property." He stated he would support the motion because of his"long history" of promoting "inclusivity." He stated his concern was looking at this in a "reasoned manner" and developing a "rational, fair and appropriate decision." He stated this was not a simple issue. Mayor Hutchinson stated there was "ample evidence for the need for a dialogue." Councilmember Kastein requested that the City Clerk read the motion. City Clerk Krajicek stated, based on Mayor Hutchinson's reiteration, the motion was to agree to revisit the holiday display policy to consider making it more inclusive and to reduce it to writing. The consensus was that this was the motion. Mayor Hutchinson stated he would support the motion to "take Fort Collins in the right direction." The vote on the motion as stated by the City Clerk was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business (Continued) Mayor Hutchinson announced that there would be a Community Summit on Fort Collins' Future to be held on Saturday, January 21, 2006 at the Hilton from noon to 5:00 p.m. He stated the meeting would be open to the public to observe. 209 January 3, 2006 Adjournment The meeting adjourned at 8:25 p.m. May , ATTEST: 1,4L � - % ICity Clerk _ 210